Monroe County District Attorney Sandra Doorley says her office is ready and willing to retry Mark Scerbo in the death of teacher Heather Boyum.
Scerbo had his 2013 manslaughter conviction overturned Friday because of alleged errors in the jury selection process. An appeals court has ordered a new trial.
Scerbo was sentenced to seven-and-a-half to 17 years in state prison after being convicted of manslaughter, drunk driving and aggravated unlicensed operation of a motor vehicle. He was racing his motorcycle up a road in Penfield, trying to pass his girlfriend’s car on the shoulder, when he ran down the triathlete Boyum on her bicycle and killed her.
Scerbo had just been released on parole from earlier DWI convictions before that crash.